4 yearly review of modern awards – Payment of Wages – Plain Language – Standard Clauses

This case involves the Fair Work Commission's review of modern awards in Australia, focusing on the payment of wages, termination of employment, plain language, and standard clauses. The Commission was tasked with determining whether certain modern awards should be varied to include model terms for termination payments and whether existing terms should be replaced with plain language standard clauses. This case was brought under the Fair Work Act 2009, which mandates a four-yearly review of modern awards.

The legal issues before the court were whether the 86 modern awards that were silent on the time period for termination payments should be varied to include the payments on termination model term and whether all modern awards should be varied to replace existing terms with plain language standard clauses. The court also needed to consider if any industry-specific redundancy terms in certain awards should be retained.

The court determined that 83 of the 86 modern awards that were silent on the time period for termination payments should be varied to include the payments on termination model term. The court also confirmed that certain awards should be varied to include the model term, with specific provisions for one award. Furthermore, the court decided that all modern awards should be varied to replace existing terms with plain language standard clauses. However, the court noted that some awards have award-specific notice periods and industry-specific redundancy terms that require further consideration. The court invited submissions on these issues and encouraged parties to discuss and file joint proposals.

In conclusion, the court issued draft determinations for the awards in question, which will be published on the Commission’s website. Interested parties are invited to make submissions by 4 pm on Friday, 7 September 2018. Liberty to apply is granted, allowing parties to seek further review if necessary.